ROMANCZUK v. METROPOLITAN INSURANCE AND ANNUITY COMPANY

2629, 100565/05, 590254/06, 590146/08

72 A.D.3d 592 (2010)

899 N.Y.S.2d 228

ANDRZEJ ROMANCZUK, Respondent, v. METROPOLITAN INSURANCE AND ANNUITY COMPANY et al., Appellants, et al., Defendants. (And Other Actions.)

Appellate Division of the Supreme Court of New York, First Department.

Decided April 27, 2010.


The record demonstrates that the failure of appellants to properly construct and secure the scaffolding, and the failure to provide adequate safety devices was a proximate cause of plaintiff's injury. Appellants' argument that plaintiff and his foreman's conflicting versions of the accident preclude summary judgment on the issue of liability under section 240 (1) is unavailing where, as here, the statute was violated under either version of the accident (see Ernish v City...

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